CHARLESTON – A man alleges a bank unlawfully changed the locks on his residence and failed to return the keys in a timely manner.
Rick S. Proctor filed a complaint on Dec. 16 in the U.S. District Court for the Southern District of West Virginia against Branch Banking and Trust Co. alleging that the mortgage loan provider violated the West Virginia Consumer Credit and Protection Act and other counts.
According to the complaint, the plaintiff obtained a loan from the defendant for a residence in Summersville in 2003. The suit states he lost his job in 2011 and applied for a mortgage modification in 2013. The suit states the loan was put into loss mitigation in 2014, but the defendant began foreclosure proceedings without informing the plaintiff. The plaintiff holds Branch Banking and Trust Co. responsible because the defendant's agents allegedly changed the locks on his property in 2014, refused to return the keys and denied him the use and enjoyment of his property for two years. He alleges he is now current on the loan.
The plaintiff requests a trial by jury and seeks award for actual, punitive and statutory damages; costs of litigation; and such other just and proper relief. He is represented by Benjamin M. Sheridan and Daniel K. Armstrong of Klein & Sheridan LC in Hurricane.
U.S. District Court for the Southern District of West Virginia Case number 2:16-cv-12264